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My 3rd DUI lifetime in GA, however this would be my 1st in over 12 years. What type of punishment would typical be recomeneded?

Lawrenceville, GA |

There was an accident with no injuries. No filed sobriety test given (I did "not" decline). Given state breath test instead.

I meant field sobriety test.

Attorney Answers 4


  1. There really isn't a typical punishment in any case but a first offense DUI. To begin with, there may be problems with the State's case against you. It is always important to properly investigate your case. If the arresting officer did not follow all the right procedures, then it may impact the State's ability to prosecute you. It could lead to a dismissal or reduction to a lessor charge such as reckless driving. In the event the State' case is solid, there are things you can do to better your own case. For example, if you seek alcohol treatment and attend AA meetings, that can be used by your lawyer to show that you have taken your situation seriously. It may lead to your attorney being able to negotiate a more favorable plea bargain. So, no tow cases or clients are the same or in the exact same situation. The third factor is the actual jurisdiction where the case is pending. Some judges and or jurisdictions treat multiple offense DUI's more seriously than others. Therefore, having an attorney that knows the local prosecutors and judges is very important. The best advise is to interview a few lawyers and pick the person with whom you feel more comfortable.


  2. As my colleague suggests, just because there was a wreck does not mean that the officer had the right to request a breath test of you; to get there, the officer needed to have sufficient basis to arrest you for DUI BEFORE asking for you to submit a breath sample. This may very well just be treated as a 1st DUI, in terms of penalties, as opposed to looking at your prior DUI convictions. My experiences is that is what would be done. My advice (which is what I give to anyone contacting me) is that you should hire an attorney -- DUI is actually a serious charge, in my mind. And, as I tell folks that I talk to, don't hire me if you don't want to, but hire someone! Good luck.

    The information is for general information purposes only. Receipt of this information or e-mail from our website, or other communications should NOT be construed as legal advice for any individual case or situation, nor the formation of an attorney-client relationship.


  3. As a Gwinnett DUI attorney, I can tell you that it really depends on the judge, the prosecutor, and your attorney when trying to figure out a sentencing range. However, you should not be thinking about a plea before your attorney looks at all avenues possible for a reduction or dismissal!
    I would be happy to speak with you about your case to see what we might be able to do to help you out. Please feel free to give me our office a call.
    Regards,
    M. Jason Rhoades
    www.rhoadesandmiller.com


  4. The short answer is - it depends. It depends on which county your case is charged, what judge you are assigned and what prosecutor handles your case. It depends on how busy the calendar is and if the prosecutor remember to file a notice of similar transactions to be used against you at trial. It depends on whether you have done any mitigation since the arrest including but not limited to rehab, drug and alcohol evaluation, AA meetings. DUI school, community service, etc. It depends on whether there are any factual issues or legal issues in your case that would make a prosecution difficult. Every case is different and must be evaluated in the light of its own circumstances. Hire a qualified DUI lawyer.

    No legal advice should be obtained from this response alone. This response is a matter of attorney opinion only. George C. Creal, Jr., P.C. is Georgia Professional Corporation authorized to practice law in the State of Georgia only and all information contained in this response is intended for use for DUI/DWIs occurring in the State of Georgia. Individuals with DUI/DWIs from outside the State of Georgia should contact a licensed attorney in the state of occurrence of their DUI.

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